Noticing The Debtor About The Assignment

Recently, I've seen discussions from several judgment recovery experts; talking about the advantages and disadvantages of sending the debtor(s), notice of the assignment of that judgment.

Some judgment enforcers don't send a notice; and might choose to try to use an opportunity to surprise if some judgment debtor available asset gets discovered. That judgment debtor will later receive a notice of their garnishment attempt. Another time when that debtor is noticed, is with a memorandum which lists additional interest accrued and/or costs. Also, if a judgment was entered by default; personally serving of a document related to the judgment or a copy of the judgment itself, usually will (in time) on the judgment debtor, will make the judgment a non-default judgment in some states.

I'm not an attorney, I'm the judgment referral expert. This article is my opinion, and is not legal advice, based on my experiences in California. If you want a strategy to use or legal advice, please contact an attorney.

I've reviewed a lot of the appropriate California codes, and I can't see anywhere that assignment notice mentioned or required. Most recovery experts send some type of judgment-related notice, and when a lawyer is involved, they send notice the lawyer as well.

The majority of enforcement specialists don't notice the debtor after they first receive their assignment; unless they're beginning by sending the assignment with their offer to settle, as a starting tactic.

One more time when the judgment specialist notices the debtor, is to preserve rights against payments which may then be paid by that judgment debtor to the starting judgment owner. As per California's laws, if that judgment debtor later pays some payment to that original creditor creditor, and the debtor didn't receive a notice of the assignment or other notices, the judgment recovery expert loses; and the judgment debtor's payment gets credited on that judgment.

When the judgment recovery expert will serve a notice of the judgment assignment, and/or some type of judgment related notice; and that judgement debtor later pays some payment to the original judgment owner, sometimes the debtor loses; and the payment to the original judgment creditor isn't credited to reduce what is owed for the judgment.

Unless that original judgment owner or some recovery expert plans some "surprise" garnishment procedure, they might send their notice of judgment-related documents perhaps including a request for a payment (often including their offer for a reduced amount to pay off the judgment for fast payment). This can work, even with situations when available judgment debtor assets are found.

Any substitution of attorney notice needs to get served on everyone on the lawsuit; although the assignee of record isn't usually required to send a notice of the assignment.

http://www.JudgmentBuy.com - Judgment Enforcement. Referring Judgments Nationwide. The easiest, fastest, and best way to be paid the most for a judgment. Mark Shapiro, an expert on judgments. We pay for leads, and offer the best no obligation free judgment referral leads for collection agencies, enforcers, and contingency collection lawyers.

This article was published on 15 Jul 2014 and has been viewed 529 times
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